The undocumented migrant accused of killing Georgia nursing student Laken Riley — a slaying that ignited fresh debate over the border crisis — waived his right to a trial by jury Tuesday and agreed to a bench trial, in which a judge will decide his guilt or innocence.
With the prosecution in agreement, Superior Court Judge H. Patrick Haggard approved 26-year-old Jose Antonio Ibarra’s waiver. Through his translator, Ibarra told the judge he understands he can’t reverse his decision.
Riley, a 22-year-old Augusta University College of Nursing student, was killed February 22 while out for a run on the University of Georgia’s campus. Ibarra is an undocumented migrant from Venezuela whose case renewed fierce debate among politicians over who’s to blame for the border crisis.
Initially, jury selection for the trial was slated to begin Wednesday. The bench trial will now begin at 9 a.m. Friday and will continue Monday, Haggard said.
For the bench trial, evidence and witness or expert testimony will be presented to the judge in open court, similar to how they would be presented to a jury.
The switch to a bench trial came after the judge denied a motion from Ibarra’s defense attorneys requesting some evidence in the case be suppressed ahead of trial, court records show.
Ibarra was indicted in May on 10 counts, including charges related to Riley’s death and another incident in which Ibarra allegedly went to a UGA apartment building the same day as the killing, looked through a window and spied on a student, his indictment states.
Prosecutors intend to seek a sentence of life in prison without the possibility of parole if Ibarra is convicted of the most serious charges, Western Judicial Circuit District Attorney Deborah Gonzalez said, according to court records.
How a morning jog turned fatal
Riley went for a morning run on the UGA campus, where she had studied until May 2023 before switching to Augusta University.
Police started searching for Riley after receiving a call around noon February 22 from a friend who said Riley had not returned from her jog at UGA’s intramural fields, UGA Police Chief Jeff Clark said.
Less than an hour later, Riley’s body was found near a lake.
Police connected Ibarra to Riley’s killing by using campus security camera footage, physical evidence and key input from the community, Clark said.
Ibarra struck Riley in the head with a rock multiple times and asphyxiated her, according to his indictment.
Ibarra was arrested the day after Riley’s death. Investigators have said there is no evidence he and Riley knew each other, and police described the killing as a “crime of opportunity.”
Student’s death sets off a political firestorm
Ibarra was arrested in 2022 after entering the US illegally and was “paroled and released for further processing,” US Immigration and Customs Enforcement said.
He also was arrested by New York City police in September 2023 and charged with “acting in a manner to injure a child less than 17 and a motor vehicle license violation,” ICE asserted in a news release. But police released Ibarra “before a detainer could be issued,” ICE said.
When asked about ICE’s statement about Ibarra’s arrest and release, New York’s office of the deputy commissioner of public information said it did not have a record of Ibarra’s arrest.
By February 2024, Ibarra was living in Athens, Georgia – home to the University of Georgia, where Riley was killed.
Republican President-elect Donald Trump blamed the Biden administration’s immigration policies for contributing to Riley’s death. In the months leading up to his election, Trump vowed to conduct a large-scale deportation of undocumented migrants.
Riley’s parents attended a Trump rally in March and met with Trump backstage, co-campaign manager Chris LaCivita said.
Democrats have also invoked Riley’s death in political speeches. While campaigning for presidential candidate Kamala Harris in October, former President Bill Clinton, supporting President Joe Biden’s attempt to secure the border, lambasted Trump for scuttling a bipartisan border security bill earlier this year.
This story has been updated with additional information.
CNN’s Kathleen Magramo and David J. Lopez contributed to this report.